Humanitarian

August 24, 2016

We are very committed to helping clients whose immigration needs present humanitarian concerns. The summaries below require much more analysis, as there are other qualifying considerations and exceptions to the general rules, but a humanitarian case can include the following:

U visa status. This visa category is one of the best forms of relief for people who do not otherwise qualify for an immigration benefit. The U status is for people who have been victimized as a result of certain crimes (often involving violence or weapons). If the crime victim reported the crime to the police and aided in the investigation, he or she might be eligible for U visa status. The difficulty in this type of case is that it only applies to certain crimes, and it requires certification from the appropriate branch of the government, such as the police department. U status will waive almost every form of inadmissibility and eventually lead to permanent residence. One of the main drawbacks of the U visa is that it is very backlogged, with up to a three-year wait for the approval of U status.

DACA. Deferred Action for Childhood Arrivals (DACA) is for young people who came to the U.S. as children, and who need to drive, work, and/or go school. It was one of President Obama’s greatest accomplishments. DACA is available to individuals who are at least 15 years old; were in the United States before June 15, 2012, and had been continuously present in the U.S. for at least 5 years prior to that date; were under the age of 16 when they entered the United States; have attained or are working toward a high school diploma; and have no more than a minimal, non-serious criminal record. There is also an age limitation, which changes each year. The government will grant employment authorization and make a determination that removal proceedings are not warranted.

VAWA. Violence Against Women Act is for foreign women and men who have been victims of domestic violence at the hands of a U.S citizen or lawful permanent resident qualifying family member. If you or your minor aged child have been abused by your U.S. citizen or LPR spouse; if you are a parent of a U.S. citizen and have been abused by your son or daughter; or if you are a child (unmarried and under the age of 21) and have been abused by a U.S. citizen or LPR parent, this law might afford you permanent residence.